If it is, check if the property is registered with the HM Land Registry for England and Wales. Here is a link that can be used to register a marital right of occupation https://www.gov.uk/government/publications/notice-of-home-rights-registration-hr1 However, ideally you should take specialist legal advice before making an application as your spouse will be notified of the entry and it is important that you fully consider all the legal implications of this action before they are informed. In a perfect world, at this point in the process, things are much easier when the parties can agree to how they will divide their assets as well as how debt will be handled. The matrimonial pot effectively contains ever… Once the two people marry, the property will go into what is often referred to as the “matrimonial pot”. While you may not want to fight with your spouse over who gets the home, you may also not want to be in a situation where the court can order you to sell your property. If it’s a joint mortgage, you should also see if you can stop your ex-partner from applying to increase the mortgage. The loan is in my name only, but since we are married he was put on the deed even though I'm the one technically buying the house. - Get free trusted guidance and links to direct support, Clear English Award - Opens in a new window, Money manager for Universal Credit claimants, Workplace pensions contribution calculator, Government help if you can’t pay your mortgage, Dividing the family home and mortgage during divorce or dissolution, Dividing the family home on separation if you were cohabiting – renting, How much Income Tax and National Insurance you should pay, We can’t separate money worries from our mental health, How to sort out your finances on separation if you were cohabiting, How to sort out your finances on divorce or dissolution, Your options for legal or financial advice on separation if you were cohabiting, Your options for legal or financial advice on divorce or dissolution. Division of property in a divorce. You can read all about this on the page here called Capital Gains on Your House. Ct. App. You might be able to protect your position by registering a ‘matrimonial charge’. It depends on when your spouse acquired the property and where you live. You own your home (either all of it or part of it) if your name is on a legal document called the title deeds. We lived together unmarried for approx. In a divorce, if all property is in my name (house and car), what rights does he have to it? Divorce--house in wife's name only. If this happened and you owned the property as joint tenants or common owners with a survivor-ship destination, your share would automatically pass to your ex-partner. Your solicitor should have given you advice about the best way to own your home jointly at the time you bought it. Divorce solicitor Paul Jordan responds to the frequently asked question, “What are my rights if my name is not on the deeds when I’m getting divorced?”. Give us a call for free and impartial money advice. Once the application has been processed the owning spouse will be notified that an entry has been placed at the Land Registry. When you are married it often does not matter whether a house, a pension or the a savings account is in your name, your spouse’s name, or both of your names, all these assets are known as “marital assets”. Find out how to search these on the NI Direct website. All you have to do is write to your ex-partner and tell them that you want to sever the joint tenancy. Once you have registered your interest, your ex-partner cannot sell the property or apply for a larger mortgage without you being told about it. So for sure if you were married when the house was purchased you have a right to it as well. “The house is not in my name – what happens to the house when I get divorced?” This is a common question from my clients but the answer is not straightforward. Not long ago, capital gains on the sale of the house was a huge issue in divorce. Accept and close You probably need to use a solicitor for this, or at least to provide you with a ‘certificate of identity’. So when separating or getting divorced I would recommend that the non-owning spouse should consider registering their marital right of occupation in respect of the family home. My son said she wants a divorce and wants to split the proceeds from the sale of the house. My husband and I are spiraling down and it appears to have divorce written all over it. This is especially true if your name is on the mortgage for the house. The house is currently up for sale and my ex is trying to make me put some money from the sale into an account for our 2 children but I need the money to buy a new home. It is important to note that this registration only protects a right of occupation and does not in itself give rise to a financial entitlement. 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